• Report: #231305

Complaint Review: CitiMortgage

  • Submitted: Thu, January 18, 2007
  • Updated: Sun, December 30, 2007

  • Reported By:Columbus Ohio
CitiMortgage
5280 Corporate Drive Mail Code 1011 Frederick, Maryland U.S.A.

CitiMortgage Inc. forcible entry and unlawful tresspassing without a detainer while in foreclosure proceedings which then led home being taken. a family out on the streets and property stolen or trashed. Ripoff Frederick Maryland

*Consumer Suggestion: AVIODANCE OF LEIN was not filed with your BK?

*Author of original report: A Misrepresented Chapter 7 bankruptcy Case that Lead to A Fraudulent Foreclosure.

*Author of original report: Predators On A Higher Level

*Author of original report: Predators On A Higher Level

*Author of original report: Predators On A Higher Level

*Author of original report: Predators On A Higher Level

*Author of original report: I was summons to come to an Oral Argument

*Consumer Comment: Time to Get a Lawyer, and do it Fast!

*Author of original report: To Tim in Indiana

*Consumer Comment: A word on the summary judgment motion, etc.

*Author of original report: Tim in response

*Consumer Comment: I'm Confused

*Author of original report: State Farms Comments on my Report against Citimortgage infamous conduct

*Consumer Comment: I want to be part of a class actions suit!

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I am a witness to other testmonies about CitiMortgage Inc. I had fell back in payments and was in Loss Mitigation and was under forbearence agreement to repay my default. However, I was told by FEMA that the calculations to repay was incorrect and have Citimortgage correct the errors in my contract. I called loss Mitigation to speak to a representive and no on would help me with the problem. I called later to ask for a loan modification and was told by loss mitigation that I could do a loan modification but, they could only roll over a portion of arrears although I am FHA. loss mitigation told me that there was an investor investing in on my loan and they could not do it but, if I give them $3000.00 they would refinance my loan. So I went to another Company to have my loan refinance and Citimortgage refused to allow the refinance. CitiMortgage then filed for foreclosure.CitiMortgage attorneys had filed for Summary judgment. I fell sick and was hospitalized. I come home with my children and found all locks were changed and sticks in the windows. CitiMortgage had delt trecherously in seizing a home. In 2006, when I got some of my health back I did some research. I found that CitiMortgage and others were illegal in their quest in taking my home. I fought until I got to the appeals and my name was given to the U.S Department of Justice.in connection to the case I am Currently fighting is another case that is now under fraud and one of the Parties is being sentenced for this fraud. I believe CitiMortgage somehow is linked to the fraud. I am victim of financial institution fraud.Is there anyone that has had a home taken in this manner. You may be a part of a class action suit.

Wendy
Columbus, Ohio
U.S.A.

This report was posted on Ripoff Report on 01/18/2007 03:13 PM and is a permanent record located here: http://www.ripoffreport.com/r/CitiMortgage/Frederick-Maryland-21703/CitiMortgage-Inc-forcible-entry-and-unlawful-tresspassing-without-a-detainer-while-in-for-231305. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Suggestion

AVIODANCE OF LEIN was not filed with your BK?

AUTHOR: Robandmar - (U.S.A.)

To have you property be free and clear with a chaper 7 BK your attorney has to file an aviodance of lein with your BK. What this does is tells the creditors that you are filing BK on that they are not allowed to attach a judgement against your property. If you have equity ( and it sounds like you did) the court can deny this because in there reasoning when you sell the property you can pay them (the creditors you filed on) back. The equity you have is looked as like a savings account and you are expected to use the equity to repay your debt when you sell the home ( some courts will not even let you file 7 if you have too much equity). I would suggest contacting your BK lawyer ASAP. If your BK was set up without an avoidance of lein you may still be on the hook for those judgements.
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#2 Author of original report

A Misrepresented Chapter 7 bankruptcy Case that Lead to A Fraudulent Foreclosure.

AUTHOR: Wendy - (U.S.A.)

Columbus, Ohio -I was looking over my Chapter 7 bankruptcy documents, and found something very interesting. October 20, 2002, was the date of the discharge, and November 2002, I was given the reaffirmation agreement documents with my lawyers signature on it. The document was signed and stamped for November 15, 2002, by the bankruptcy courts clerk.

I found out that these documents were not filed at all. I looked at my bankruptcy documents again, and on Schedule C- property claimed as exempt, I saw that company Liberty Mortgage whom I did a refinance with, was not listed for exemption. Under Schedule D-Creditors Holding Secured Claims, Liberty Mortgage Co. from Ohio was listed.

I began to read the 2004 summary jugdment, judgment entry from state court, where HUD from Cincinnati, Ohio came on scene and made a decision under a US. Code (Title 28, Section 2410 (c)) to subrogate my rights and to discharge a mortgage, and liens without any investigation, in addition, I was not notified that Liberty Mortgage was a party to the proceedings as the priority lien for discharge. Citimortage was assigned to the mortgage by Liberty Mortgage to service the loan. Citimortgage now holds the mortgage.

My home was reaffirmed, but the documents were never filed, nor was my home listed for exemption, nor was any attempt made to conceal the property from the creditors Citimortgage Inc., Bur Mar Enterprises, and Alison Watkins Gill from law firm Fusco, Mackey, Matthew, Smith Watkins, before it was seized for costs and interests. So, it only leaves one to think that my home was stolen, with inside help by my bankruptcy lawyer Paul Brown whom is now deceased.

According to the state court's judgment entry I was declared "immune" by virtue of bankruptcy, so that I would be protected, and separated from the foreclosure litigation proceedings, while Citimortage Inc., steal my home that cost me $66,850, and put it up for sale at the Sherriff Sale condensing the price to $49,950, then HUD sells my property at an auction to gain a whopping $135,000 for it, and now there are other people living in my home.

How can a court system allow this to happen to a family without an investigation from HUD, without a service of a notice to vacate a person from the premises; without a mention of all parties to the proceedings for proper notifications, or orders; there were no mention of a pro se litigant to the case, there were no notifications to get a copy of the rendered judgments, or a notification of the appeal.

I did not get a discovery, a conference hearing, evidentiary hearing or trial. Citimortgage was granted a Summary Judgment without burden of proof. Can you believe it? Believe it or not, it was an unfair fight.

My home was stolen by Citimortgage Inc., by using false claims, and false Judgment liens from this bankruptcy case (case number 02 56805). This is a misrepresented bankruptcy case, and a misrepresented and fraudulent foreclosure case.

No matter what lawyer I tried to talk to, they would not take this case; they said this case is too complicated; I was given quotes of outrageous fees to retain them. Legal aid attorneys would not take the case, not even pro bono attorneys.

I become pro se to this case by default, because no lawyer would show up and represent; and the Judges and lawyers frown on me for representing myself?

The attorneys gave insightful feedback stating, I should not represent myself, because I am without knowledge of the law. Am I supposed to sit down, and let the legal system take my life without a fight? G-d forbids.

There is something that some of us as pro se litigants the have, when no one will help. We have courage; we take responsibility, and we are not afraid to try. The bankruptcy law was enacted to give debtors hope that they could start over.

The United States created the bankruptcy code to permit debtors to start over again. A creditor is not to take the rights of the debtor of a bankruptcy case by misrepresentation or fraudulent means to become the debtor to have a fresh start, not even in rem without proof.

I have now sent my documents to John Conyers and Burton Wide, the judicial committee in Congress. to read more google ohio ahrc and go to articles and read. thank you rip-off report for being so helpful to people like us that need an avenue to vent and tell the truth of what happening to our consumers in america. I appreciate everything that you have done for me. And, because of you.

I have been given a position to help as many as allowed by editing and posting major stories that have to do with predtory issues concerning housing, and homelessness due to fraud. In addition, to post opinions about our television news media from the communities, since monopoly has taken place, the television news media cannot help and advocate true to life stories that will help educate others of whats really going on in the world, and, to the little man on the bottom of the pole. Furthermore, exposing who is really responsible for our economy failures, and reasons it may be on verge of a recession.


If you have any comments please email me at: (((ROR removed for security purposes)))

Editor: Wendy of Ohio Homeowners News.

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
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#3 Author of original report

Predators On A Higher Level

AUTHOR: Wendy - (U.S.A.)

May a Court and a Corporation namely Citimortgage Inc., assume your identity and declare you to be immune, without any notice? And, may a Court use Eminent Domain to take your home from you without compensation? Can Citimortgage Inc., devise with the Court to use your identity to become the debtor in your Bankruptcy case?

May Cross-Claimants that were a part of your Bankruptcy discharge jump out of it, and go get illegal judgment liens with the consent of the judges, and attach them to your home without your knowledge?

In addition, can the Court delegate rights that belong to you, to Citimortgage Inc., and Cross-Claimants to do a Bankruptcy claim in a State Court and discharge youre Mortgage and lock you out of your own home without a legal vacate order, and you lose everything you own?

Moreover, can the Court pretend along with Citimortgage Inc., that they are taking your home on Default you supposedly caused, when in fact, theyve taken your home on a Bankruptcy claim and have sold your home at a Sheriffs Sale, for under $50,000, Citimortgage buys it back, then the Court takes your rights and subrogate them to Secretary of HUD who are called the grantee in this case, and HUD have your home resold at an auction for $135, 000, doubled the price you bought the house for? There are new residents residing in my home.

Imagine, all this done to you, without your consent, and without your knowledge?

Did the Court really honor these requests of Citimortgage Inc., for relief to my detriment and deprivation and injury? To infringe on all my rights, and my rights of due process to have a jury trial of right (demanded), and refusal to vacate this case based on subject matter jurisdiction?

I was not apart of the courts processes, because they declared me to be immune. I am also a victim of Financial Institution Fraud in New Albany, New York concerning my home, since discovery in 2006.

I would call these kinds of people Predators on a higher level. Yep, thats right, rich thieves lending services on a higher level.

I believe I am not the only person they have done this to. I believe there are more people out there that have gone through this ordeal, and they have no income to afford the best lawyers to obtain true justice.

These kinds of people have destroyed the middle class and low income families lives, their economic resources and their livelihoods when they took their homes for profit and gain. Its all about the money.

I believe that our government officials believe that they can continue to get away with this kind of madness, because we the people have given up the fight for justice, and for our rights, we have failed to come together for a common cause here in Columbus, Ohio.

Most of all, some of these government officials that we have elected into office to handle our affairs and to protect us have become above the law and they feel they can make a decision for justice, if they want to, since they have no one challenging, or exposing them exclusively.

I can turn on the television, and find the media exposing the rich and famous, the thieves, and the murderers, and rapists...etc. But, there is no publicity that exposes the issues about our justice system and how the government officials are mistreating the middle and low income families in regarding our homes and Constitutional rights

We are being pulverized by our government officials here in Columbus, Ohio, we need to show how the government officials are mistreating us as a whole in the middle and low income communities, maybe we can get some tougher laws passed for our government officials that are getting away with not do their jobs, if we would stand up.

Is there anyone out there that will help an honest woman that have been caught up in this system, and have been taken to the cleaners and mistreated unfairly, by these government officials here, in Columbus, Ohio?

I have a story to tell, about these government officials that are involved in my plight, and how they have obstructed justice to be administered in my behalf.

This story needs to be told, to expose the crimes that the State Court of Columbus, Ohio have committed against me and my family, and many others in the "how" they have taken our homes.

I am now in the Supreme Court of Ohio about these infamous issues. Until the next time, keep hope alive.
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#4 Author of original report

Predators On A Higher Level

AUTHOR: Wendy - (U.S.A.)

May a Court and a Corporation namely Citimortgage Inc., assume your identity and declare you to be immune, without any notice? And, may a Court use Eminent Domain to take your home from you without compensation? Can Citimortgage Inc., devise with the Court to use your identity to become the debtor in your Bankruptcy case?

May Cross-Claimants that were a part of your Bankruptcy discharge jump out of it, and go get illegal judgment liens with the consent of the judges, and attach them to your home without your knowledge?

In addition, can the Court delegate rights that belong to you, to Citimortgage Inc., and Cross-Claimants to do a Bankruptcy claim in a State Court and discharge youre Mortgage and lock you out of your own home without a legal vacate order, and you lose everything you own?

Moreover, can the Court pretend along with Citimortgage Inc., that they are taking your home on Default you supposedly caused, when in fact, theyve taken your home on a Bankruptcy claim and have sold your home at a Sheriffs Sale, for under $50,000, Citimortgage buys it back, then the Court takes your rights and subrogate them to Secretary of HUD who are called the grantee in this case, and HUD have your home resold at an auction for $135, 000, doubled the price you bought the house for? There are new residents residing in my home.

Imagine, all this done to you, without your consent, and without your knowledge?

Did the Court really honor these requests of Citimortgage Inc., for relief to my detriment and deprivation and injury? To infringe on all my rights, and my rights of due process to have a jury trial of right (demanded), and refusal to vacate this case based on subject matter jurisdiction?

I was not apart of the courts processes, because they declared me to be immune. I am also a victim of Financial Institution Fraud in New Albany, New York concerning my home, since discovery in 2006.

I would call these kinds of people Predators on a higher level. Yep, thats right, rich thieves lending services on a higher level.

I believe I am not the only person they have done this to. I believe there are more people out there that have gone through this ordeal, and they have no income to afford the best lawyers to obtain true justice.

These kinds of people have destroyed the middle class and low income families lives, their economic resources and their livelihoods when they took their homes for profit and gain. Its all about the money.

I believe that our government officials believe that they can continue to get away with this kind of madness, because we the people have given up the fight for justice, and for our rights, we have failed to come together for a common cause here in Columbus, Ohio.

Most of all, some of these government officials that we have elected into office to handle our affairs and to protect us have become above the law and they feel they can make a decision for justice, if they want to, since they have no one challenging, or exposing them exclusively.

I can turn on the television, and find the media exposing the rich and famous, the thieves, and the murderers, and rapists...etc. But, there is no publicity that exposes the issues about our justice system and how the government officials are mistreating the middle and low income families in regarding our homes and Constitutional rights

We are being pulverized by our government officials here in Columbus, Ohio, we need to show how the government officials are mistreating us as a whole in the middle and low income communities, maybe we can get some tougher laws passed for our government officials that are getting away with not do their jobs, if we would stand up.

Is there anyone out there that will help an honest woman that have been caught up in this system, and have been taken to the cleaners and mistreated unfairly, by these government officials here, in Columbus, Ohio?

I have a story to tell, about these government officials that are involved in my plight, and how they have obstructed justice to be administered in my behalf.

This story needs to be told, to expose the crimes that the State Court of Columbus, Ohio have committed against me and my family, and many others in the "how" they have taken our homes.

I am now in the Supreme Court of Ohio about these infamous issues. Until the next time, keep hope alive.
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#5 Author of original report

Predators On A Higher Level

AUTHOR: Wendy - (U.S.A.)

May a Court and a Corporation namely Citimortgage Inc., assume your identity and declare you to be immune, without any notice? And, may a Court use Eminent Domain to take your home from you without compensation? Can Citimortgage Inc., devise with the Court to use your identity to become the debtor in your Bankruptcy case?

May Cross-Claimants that were a part of your Bankruptcy discharge jump out of it, and go get illegal judgment liens with the consent of the judges, and attach them to your home without your knowledge?

In addition, can the Court delegate rights that belong to you, to Citimortgage Inc., and Cross-Claimants to do a Bankruptcy claim in a State Court and discharge youre Mortgage and lock you out of your own home without a legal vacate order, and you lose everything you own?

Moreover, can the Court pretend along with Citimortgage Inc., that they are taking your home on Default you supposedly caused, when in fact, theyve taken your home on a Bankruptcy claim and have sold your home at a Sheriffs Sale, for under $50,000, Citimortgage buys it back, then the Court takes your rights and subrogate them to Secretary of HUD who are called the grantee in this case, and HUD have your home resold at an auction for $135, 000, doubled the price you bought the house for? There are new residents residing in my home.

Imagine, all this done to you, without your consent, and without your knowledge?

Did the Court really honor these requests of Citimortgage Inc., for relief to my detriment and deprivation and injury? To infringe on all my rights, and my rights of due process to have a jury trial of right (demanded), and refusal to vacate this case based on subject matter jurisdiction?

I was not apart of the courts processes, because they declared me to be immune. I am also a victim of Financial Institution Fraud in New Albany, New York concerning my home, since discovery in 2006.

I would call these kinds of people Predators on a higher level. Yep, thats right, rich thieves lending services on a higher level.

I believe I am not the only person they have done this to. I believe there are more people out there that have gone through this ordeal, and they have no income to afford the best lawyers to obtain true justice.

These kinds of people have destroyed the middle class and low income families lives, their economic resources and their livelihoods when they took their homes for profit and gain. Its all about the money.

I believe that our government officials believe that they can continue to get away with this kind of madness, because we the people have given up the fight for justice, and for our rights, we have failed to come together for a common cause here in Columbus, Ohio.

Most of all, some of these government officials that we have elected into office to handle our affairs and to protect us have become above the law and they feel they can make a decision for justice, if they want to, since they have no one challenging, or exposing them exclusively.

I can turn on the television, and find the media exposing the rich and famous, the thieves, and the murderers, and rapists...etc. But, there is no publicity that exposes the issues about our justice system and how the government officials are mistreating the middle and low income families in regarding our homes and Constitutional rights

We are being pulverized by our government officials here in Columbus, Ohio, we need to show how the government officials are mistreating us as a whole in the middle and low income communities, maybe we can get some tougher laws passed for our government officials that are getting away with not do their jobs, if we would stand up.

Is there anyone out there that will help an honest woman that have been caught up in this system, and have been taken to the cleaners and mistreated unfairly, by these government officials here, in Columbus, Ohio?

I have a story to tell, about these government officials that are involved in my plight, and how they have obstructed justice to be administered in my behalf.

This story needs to be told, to expose the crimes that the State Court of Columbus, Ohio have committed against me and my family, and many others in the "how" they have taken our homes.

I am now in the Supreme Court of Ohio about these infamous issues. Until the next time, keep hope alive.
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#6 Author of original report

Predators On A Higher Level

AUTHOR: Wendy - (U.S.A.)

May a Court and a Corporation namely Citimortgage Inc., assume your identity and declare you to be immune, without any notice? And, may a Court use Eminent Domain to take your home from you without compensation? Can Citimortgage Inc., devise with the Court to use your identity to become the debtor in your Bankruptcy case?

May Cross-Claimants that were a part of your Bankruptcy discharge jump out of it, and go get illegal judgment liens with the consent of the judges, and attach them to your home without your knowledge?

In addition, can the Court delegate rights that belong to you, to Citimortgage Inc., and Cross-Claimants to do a Bankruptcy claim in a State Court and discharge youre Mortgage and lock you out of your own home without a legal vacate order, and you lose everything you own?

Moreover, can the Court pretend along with Citimortgage Inc., that they are taking your home on Default you supposedly caused, when in fact, theyve taken your home on a Bankruptcy claim and have sold your home at a Sheriffs Sale, for under $50,000, Citimortgage buys it back, then the Court takes your rights and subrogate them to Secretary of HUD who are called the grantee in this case, and HUD have your home resold at an auction for $135, 000, doubled the price you bought the house for? There are new residents residing in my home.

Imagine, all this done to you, without your consent, and without your knowledge?

Did the Court really honor these requests of Citimortgage Inc., for relief to my detriment and deprivation and injury? To infringe on all my rights, and my rights of due process to have a jury trial of right (demanded), and refusal to vacate this case based on subject matter jurisdiction?

I was not apart of the courts processes, because they declared me to be immune. I am also a victim of Financial Institution Fraud in New Albany, New York concerning my home, since discovery in 2006.

I would call these kinds of people Predators on a higher level. Yep, thats right, rich thieves lending services on a higher level.

I believe I am not the only person they have done this to. I believe there are more people out there that have gone through this ordeal, and they have no income to afford the best lawyers to obtain true justice.

These kinds of people have destroyed the middle class and low income families lives, their economic resources and their livelihoods when they took their homes for profit and gain. Its all about the money.

I believe that our government officials believe that they can continue to get away with this kind of madness, because we the people have given up the fight for justice, and for our rights, we have failed to come together for a common cause here in Columbus, Ohio.

Most of all, some of these government officials that we have elected into office to handle our affairs and to protect us have become above the law and they feel they can make a decision for justice, if they want to, since they have no one challenging, or exposing them exclusively.

I can turn on the television, and find the media exposing the rich and famous, the thieves, and the murderers, and rapists...etc. But, there is no publicity that exposes the issues about our justice system and how the government officials are mistreating the middle and low income families in regarding our homes and Constitutional rights

We are being pulverized by our government officials here in Columbus, Ohio, we need to show how the government officials are mistreating us as a whole in the middle and low income communities, maybe we can get some tougher laws passed for our government officials that are getting away with not do their jobs, if we would stand up.

Is there anyone out there that will help an honest woman that have been caught up in this system, and have been taken to the cleaners and mistreated unfairly, by these government officials here, in Columbus, Ohio?

I have a story to tell, about these government officials that are involved in my plight, and how they have obstructed justice to be administered in my behalf.

This story needs to be told, to expose the crimes that the State Court of Columbus, Ohio have committed against me and my family, and many others in the "how" they have taken our homes.

I am now in the Supreme Court of Ohio about these infamous issues. Until the next time, keep hope alive.
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#7 Author of original report

I was summons to come to an Oral Argument

AUTHOR: Wendy - (U.S.A.)

The panel in the Appeal Courts summons me to come to an oral argument on March, 2007. I started off with "as it pleases the courts...The case is about a Foreclosure and Sale granted by a Summary Judgment. Also, this case is about violations of civil rights, constitutional rights; rights of due process and rights of due process of service under Civil Rule 60(B)(4-4.6). Abuse of discretion and eniment domain. Statute of Limitations time barred; and misrepresentation and fraud."

I did not get around to ask for my relief which was to reverse the judgment and render judgments void. One Judge from the panel asked me only one question..."did anyone help you with your letters." I answered and said "no maam" I did the reseach to learn how to communication law jargon and to get the right response I needed to conclude this case.

Citimortgage's lawyer was 15mins late coming to the oral argument. I had already explained all the elements as to why I knew that the case was errouneous and the Judgments that were made against me were defaulted and void.

Citimortgage spoke on the wrong subject and admitted that they did not give me any notices. Another Judge on the panel cut him off sharply and said "did you sale the house! how much did you sale the house for." The lawyer for Citimortgage answered and said it was sold for under $50,000 dollars, but, we bought it back.

I rebuttaled and said "they did not legally removed me from the home or the premises." As you know I don't live in the home they took from me and there is other people living in my home. The Trial Courts wanted it to look like I still lived in the home. While Citimortgage Schemed and Planned to cover it up by using someone else as though it was me living in the home.

I am waiting on the decision from the Appeal Panel. I'll update you all on what was their decision on this case. Wish me luck...

If anyone want to rebuttal or ask some questions I will be willing to answer them.
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#8 Consumer Comment

Time to Get a Lawyer, and do it Fast!

AUTHOR: Tim - (U.S.A.)

Wendy,

The only further advice that I can give you is to find yourself a lawyer (if you haven't done so already).

You do not necessarily have a right to a trial at this point, given the MSJ result. Basically, if you tried to file a claim against the bank, the first thing they will do is file another MSJ citing to the first one. There are a wide variety of options/potential theories whereby an MSJ can be set aside. The issue will be whether your circumstances can fit into one of these options/theories.

And be sure to act fast. The law places time limits on everything, hopefully you haven't already exceeded these time limits.

If you need some advice as to how to find a lawyer that you can afford, go ahead and give me a reply and I'll see what I can do to lead you in the right direction.
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#9 Author of original report

To Tim in Indiana

AUTHOR: Wendy - (U.S.A.)

Thank you for your response. Your right when you said that this can't be in a civil suit. Your right Citimortgage will have to prove where i was in default and the courts will have to allow me to have a trial because it was a unfair fight without me being involved in the proceedings. Since Citimortgage did cancel the forbearance on their own and it was not brought up in the claim as what i was in default for. This is why I am looking for this to be tried with a trial by jury.

waiting for your response.
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#10 Consumer Comment

A word on the summary judgment motion, etc.

AUTHOR: Tim - (U.S.A.)

Wendy, let me preface this by stating that I have a great deal of sympathy for your situation, and I'm not at all trying to put you down in any way.

A motion for summary judgment (MSJ) is a very complicated legal animal, the very concept of which is beyond the grasp of most non-lawyers.

The purpose of an MSJ is to prevent the need for a trial where the undisputed facts show that one side is entitled to judgment "as a matter of law." If an MSJ is successful, then there is no need for, or right to, a trial.

In your case, the only legally relevant question was whether the bank was entitled to foreclose on the mortgage. To determine whether such is the case, the court need only look to whether you defaulted on the loan to the extent that the original mortgage contract allowed for foreclosure.

I understand that you entered into an agreement with the bank whereby you would take care of the arrearage over time. Unfortunately, even this agreement was probably insufficient to nullify the original contract. The reason why this is so is legally complicated, but the effect is not. Basically, the bank can make the new agreement with you, but is not legally obligated to stick to it unless the original contract is specifically cancelled.

To make a comparison, imagine that you owe some old hospital bills that came due a month ago. You make arrangements to pay these bills over time. However, whether the hospital will stick to this agreement is completely up to them. Should they choose to demand full payment right away, even though you had a payment agreement, they can do so, because the original contract is still in effect.

You also have a Chapter 7 issue. Chapter 7 bankruptcies only protect you from foreclosures from the time of filing to the time of discharge. After the bankruptcy case is dismissed, the Chapter 7 has no effect on the foreclosure rights of a secured creditor. You did reaffirm the debt, but that did not have the legal effect of preventing a foreclosure down the road.

The bottom line, at this point, is that you need a lawyer if you want to try to raise any issues that you have remaining and possibly invalidate the foreclosure. You won't be able to do this as part of a class action, because the class action rules require that each member of the class experienced basically identical wrongs.
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#11 Author of original report

Tim in response

AUTHOR: Wendy - (U.S.A.)

Hello,

Tim and thank you for your response. To answer your question Yes, I answered first by way of an answer, then citimortgage's lawyer's response was to do a Summary Judgment not with just me supposingly to be the target for default on note and mortgage which they could not prove,because I was under forebearance contract and was paying my default.

Citimortgage added to the claim and summary judgment others as counter-cross-claimants that had intrest in the property by way of judgment liens attached to the property without me knowing this.

I had done a bankrupcy chapter 7 on all creditors and reaffirmed my home two years prior before this foreclosure proceedings began. How they got out of the bankruptcy to have judgment leins done was a mystery to me. and Citimortgage lawyers use this information which was in my credit report as a way to collect a debt. So, In filing their Summary judgment was to have no delays and to keep the foreclosure from Discovery and trial. I ask the courts to deny the summary judgment with a motion and an affidavit with explainations and with material evidence to enter in the record.

I was waiting on a response and never got one. by this time I fell sick and was hopitalized. I came home with my children and found my home with sticks in the windows and all of the locks changed to my home. I was out sick for 1yr and a half and seeing a counselor/psycologist. they had took my home without any notification to leave the premises. I lost my home and property that was in the home.

when I got well enough I went back to see what happened I found that they took my home by a granted Summary Judgment with Subject of the matter the cross-claimant and I was pronounce as being by virtue of the bankrupcy I was immune. they had my home as though it was discharged in the bankruptcy when my home was reaffirmed and citimortgage as holder of the mortgage and with a judgment against them. I assumed it was a lien from the cross-claimant as subject of the matter.

I then began my fight and the rest is stated in this report. I found out in short that Citimortgage has the mortgage still, the trial courts had no personal jurisdiction or subject matter jurisdiction over me to take my property without me being in the proceedings or without a trial or a chance for me to defend the allegations that were against me.

Lastly, I found the cross-claimants and lawyers under misreprentation, fraud, misconduct that caused the judges or Magistrates to err to make adverse and prejudice decisions in deciding the case without me as party to the proceedings. I was pro se to this case and I was not added to receive a copy of notifications of any judgment entries that contained the orders, and reports, findings and conclusions for a final appeal or anything. There was no signature from me to turn over my home in the selling of my home at a sheriff sale.

The rest you do the math. They had good time and left me in the dust. Tim, you are right in saying I would come out better if I did not do a class action suit. But, think about this there are other people that don't even know how there homes have been taken and may need help in exposing some of this. If they have their documents for proof of this kind of misfortune.

I am not worried about money like that. I could have lost my life in this. Even my children were affected from this, and one of my son's tried to commit suicide and it's documented. and he is a teenager. I had to put my kids in childern services because I had no where to go. How many others whether they are old, young, single and low income have gone through the same in some way or another.

It's the principle of the thing. somebody has to stop being greedy for money and fight to help others to gain their self respect, help to implement a law to stop this madness. and we can't do it alone we need to come together in numbers to defeat it. I have nothing to lose.

Tim, I have found that the civil and municiple magistrates and judges had dealings with the cross-clamants which were lawyers, and prosecuters which opened a door to Illegal conduct in their pursuits in being prosperous on our expense. Give me a rebuttal.
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#12 Consumer Comment

I'm Confused

AUTHOR: Tim - (U.S.A.)

You stated that they filed a motion for summary judgment. Did this motion go unopposed? You made no mention of having filed a response to the MSJ, which would have been your opportunity to raise the illegality issues. In most jurisdictions, you are given 20 days to file a response to a motion for summary judgment. In other words, you DID have an opportunity to defend yourself. And the illegality of the opponent's actions are exactly the type of things that you would address in such a motion.

If you didn't avail yourself of the opportunity to refute the MSJ, then the legal mechanisms performed exactly as they should have, because the judge has nothing to work from other than the word of your opponent. As such, I don't see a viable complaint against the judicial system, and your statement to the effect that you were not given the opportunity to defend yourself is erroneous.

That's not to say that Citifinancial didn't do you wrong. In fact, they probably did.

If they lied in the MSJ, and if you can show such, then you likely have some avenue of redress.

However, I wouldn't get too wrapped up in the notion of a class action suit. Class actions sound impressive, and they definitely make things easier on the un-named plaintiffs. However, a class action award has to be divied up among potentially thousands of victims, each of which will likely find themselves under-compensated.

Class actions work great where the damages at issue are set by statute, or where individual damages are slight and thus infeasible for individual suits.

But where your damages are in the thousands, and your case is somewhat unique, you're likely to be better off with a personal lawsuit.
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#13 Author of original report

State Farms Comments on my Report against Citimortgage infamous conduct

AUTHOR: Wendy - (U.S.A.)

I have found out recently after talking to the insurance company State Farms that they had a complaint from another besides me.

I found out that Citimortgage had bought my home under 50,000 dollars then transferred it to the Secretary of HUD who are the grantees then they sold it at an auction the home was sold at 135,000 dollars.

And, Citimortgage is still holding the mortgage that belongs to me.

How Csn Courts allow this mortgage company to have my home sold in a sheriff sale without my signature,and without my presence in trial proceedings. I did not get a chance to defend the case against me.

Keep your paperwork so you all can have evidence of this sort of conduct to use in a class action suit.

All people are not bad but, you have bad people as well as good people and our justice system is not bad either. We just have some bad people working in it. Where there is Corruption it must be stopped. The Government is Stealing from the Government which is US!!!

We put them in the office to govern our affairs. We need to come together in numbers just like we did when it came time for elections. In numbers we put them in and in numbers it will take to come together to stop this kind of corruption.
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#14 Consumer Comment

I want to be part of a class actions suit!

AUTHOR: Gerard - (U.S.A.)

Wendy
I have read your report and your message concerning my report. I would really like to be part of a class action suit against CitiMortgage and their parent company Citibank. I do have a very long paper trail of documents (over 200 plus pages). I will check on a couple of he reference points concerning the attornies actions within the Summit County courts and review the RESPA act.

I am sorry you had to deal with the same problems that CitiMortgage caused myself and my family. The sad thing about companies like CitiMortgage is that our state (and others) continue to let them skate around even partial integrity and let them get way with theft and deception everyday.

I do not know if I am permitted to leave my e-mail address but here it is: (((ROR REDACTED EMAIL ADDRESS FOR SECURITY PURPOSES)))

I am not afraid to leave my name. If you want, you can do a search with the last name Dominick in Akron and you will find me. I am very good at writing and could be an asset in filing the suit.

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
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